9911796707
TMI Blog2019 (8) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... would delete the additions. These grounds of the assessee s appeal are allowed for statistical purposes. Disallowance of depreciation claimed on vehicles for want of log book - HELD THAT:- As stated that both the A.O. and the CIT(A) failed to appreciate that depreciation allowance is a statutory allowance and no disallowance could have been made by the A.O. specially without there being any positive evidence of personal use of vehicles by the authority. D.R. supported the orders of the authorities below and submitted that the claim of depreciation is made by the assessee. It was required to demonstrate that the vehicle has been used wholly and exclusively for the business purposes. In the absence of such evidence, it cannot be inferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice. No information prior to appointing commission u/s 131 (1)(d) was given nor report of such commissions, account statement or other material as submitted by such creditors were ever shared with appellant despite demands. Even opportunity of cross examining creditors who has disputed outstanding was never given to the appellant. The order thus suffers from gross violation of principle of natural justice. Relief Claimed: Additions made consequent to assessment order deserves to be quashed and may kindly be quashed. 3. That in the facts and circumstances of the case, Learned CIT (A) erred in confirming addition of the 8,98,939/- towards difference in balances of creditors. The Learned CIT (A) failed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laimed: It is most humbly prayed that the addition of ₹ 6,10,642/- made to the income of appellant on this count may kindly be deleted in full. 6. That in the facts and circumstances of the case, Learned CIT (A) erred in making addition of ₹ 1,44,000/- to the income of the appellant holding that no confirmation of account was submitted though same was stated to be submitted in written reply on 8th March 2016 whereas same was duly submitted by the appellant during assessment proceedings as well as during appeal proceedings. The addition of ₹ 1,44,000/- thus deserves to be deleted in full. Relief Claimed: It is most humbly prayed that the addition of ₹ 1,44,000/- made to the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d ground of appeal as and when required. 3. The facts in brief are that the assessee company is engaged in the business of Trading of various agro commodity items i.e. cereals, ginger, coriander and garlic. The assessee has filed his return of income for A.Y. 2013- 14 declaring total income of ₹ 4,00,640/-along with audit report. The case was selected for scrutiny assessment and the assessment u/s 143(3) of the Income Tax Act 1961(hereinafter called as the Act ) was framed vide order dated 20.03.2016. The assessing officer noticed that as per the balance sheet as on 31.03.2013 the assessee had disclosed total creditors of ₹ 1,45,56,704/-. On inquiry in respect of Navin Com. Bhanpura, Maa An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and out of shop expenses. The other addition out of disallowance of depreciation was confirmed. 5. Now, the assessee is in present appeal. No one appeared on behalf of the assessee however written submissions have been made. The written submissions of the assessee are as under: The appellant humbly submits that the creditor Shri Naveen Co. and M/s Maa Annapurna Traders have old balances in the account which was payable on account of the purchases made from them. a. In the case of Naveen Co. the purchases were made during the financial year 2009-10 and 2010-11 and the balances have been carried over during this year. The copy of the bill for purchase also has been during the finan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material available on record. 8. Ground No.1 is against the order being barred by time. No submission is made by the assessee in this regard. Moreover we find that the assessee has not placed any evidence in support of his contention, therefore, ground no.1 of the assessee s appeal is rejected. 9. Ground No.2 is against the violation of principles of natural justice. No argument is addressed or submissions are made in this regard by the assessee. Therefore, we do not see any reason to interfere into the orders so this ground of assessee is dismissed. 10. Ground Nos.3, 4, 5 6 are in respect of the addition of unexplained credit balance. Apropos to these grounds, it is submitted that these ..... X X X X Extracts X X X X X X X X Extracts X X X X
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